,Tuesday): The national registration
department has warned Malaysians that those caught without Mykad on
them could be fined between RM3, 000 and RM20, 000 or slapped with a 3
year jail sentence. This is absolutely absurd. Some form of punitive
fine is in order, but why so excessive? Is the NRD or the government
itself running out of money?

Section
25(1) of the National Registration Regulations1990 (amended 2001) sets
out the above penalties. This regulation is ultra virus, unlawful and
unconstitutional This is so as a delegated legislation cannot be
inconsistent with the principle Act. (delegatus non potest
delagare) The Parent Act, the National Registration
Act1959(revised 1972) did not empower the home Minister to make
regulations to provide for such a mandatory minimum fine of RM3000 for
the offence of not caring MyKad. Under Section 6(2)(u) of the Parent
Act, the Minister may make regulation to provide for the imposition of
penalties for any contravention of any regulations and such penalty
shall not exceed a fine of RM50,00 or imprisonment for a term of five
years.

An
identity card is, as its name declares, to ascertain the identity of
the bearer, for the convenience of both the bearer of holder of the
card and the administrative convenience of persons or establishments
which need to make sure of the persons true identity. Like when an
identity has to be ascertained in a bank, for instance, when a person
wants to cash a cheque from his or her own personal current account or
in a post office when a withdrawal of money needs to be made from his
or her saving account.

Or,
sometimes, in a hospital when an identity needs to be ascertained. Or,
at a police station when a police report is being lodged. Or, at a
police checkpoint on a road when perhaps some crime like murder or
armed robbery had just been committed.

Most
large establishments both in the public and private sectors require
some form of identification from a person who wants to enter their
premises to look for someone working therein or to conduct official
business with some personnel working therein.

Foreign
diplomatic establishments like embassies and high commissions insist
on keeping a Mykad in exchange for a numbered card until the end of
the business or transaction or visit. Large companies, including media
establishments, follow a similar practice. All for the purposes of
identification, convenience and security.

The
Malaysian Government should bear such points in mind when handling the
current Mykad controversy. So should Malaysian citizens, the great
majority of whom are of course law-sbiding people who are fully
conscious of the needs of identification, convenience and security in
our modern society.

According to an online poll conducted by The star
recently, only about 43% of Malaysians carry their Mykad on them
wherever they go. We can say this is unfortunate, perhaps even
deplorable. But we must try to find out why this is so. Some say they
have lost their original cards before, so they now only carry a
photocopy of it. Others say they have been the victims of pickpockets
and snatch-thieves, so they dont
want to risk losing their original MyKad again. What does it mean? It
mean it is a fairly resounding vote of no confidence in the public
safety of the country, whatever guarantees and reassurances the
government of the police or other authorities would like to give.

When
means to say that the relevant authorities, particularly the NRD, must
be sensitive to some of the fears and anxieties of our citizens about
carrying their Mykad whenever they go or at least whenever they go out
of their homes. It is not a matter of these people not being
law-abiding. Being law-abiding or not doesnt arise here, actually. It
is a matter of common sense.

In other
words, there is no logical or compelling reason or life and death
imperative that MALAYSIANS must carry their Mykad all the time when
they are out of their homes, when a true certified copy of it should
be good enough. Unless they wish or need to go those places I
mentioned earlier.

If and
when, for some security exercise arising out of some unforeseen event
or circumstances, a person if required to show his or her Mykad, a
true certified copy can surely be a good and reliable substitute so
long as the original can be produced within a reasonable time.

Are
surprise checks to be conducted throughout the country? How many
officers or personnel need to be recruited? Or is the real aim to
create more employment opportunities, especially for our ever-growing
army of unemployed university graduates?

As the
MyKad issue has brought about controversies both on the quantum of
fine and its legality I submitted a motion for the house to be
adjourned to discuss this issue. Notwithstanding have agreed that this
motion is definite and of public importance but the Speaker
regrettably rejected the motion on the ground that this is not an
urgent matter as the Home Ministry is reviewing the rules and
regulations. It would have been better to allow the motion to be
debated as the issues are of great public importance requiring the
government to detail the reasons for the hefty fines which is
inconsistent with the parent act.